Wilburn v. State
Court of Appeals of Georgia
Accusation of misdemeanor; from city court of Dublin—Judge Elynt. December 4, 1917. The accusation alleged that the accused “did . . unlawfully make an attempt to steal one bale of cotton, being the property of a partnership. composed of W. T. Smith and E. T. Andrews, name of firm, Smith and Andrews, warehouse number 7783, weight 415 pounds, being lint cotton, and baled with bagging and ties of the value of $80.00.” The defendant demurred as follows: “1st. Because said…
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Accusation of misdemeanor; from city court of Dublin—Judge Elynt. December 4, 1917. The accusation alleged that the accused “did . . unlawfully make an attempt to steal one bale of cotton, being the property of a partnership. composed of W. T. Smith and E. T. Andrews, name of firm, Smith and Andrews, warehouse number 7783, weight 415 pounds, being lint cotton, and baled with bagging and ties of the value of $80.00.” The defendant demurred as follows: “1st. Because said accusation charges this defendant with no crime against the laws of this State. 2d. Because the acts alleged to have been…
1Opinion of the CourtBloodworth, J.
Under section 1066 of the Penal Code (1910), an indictment is insufficient and lacking in definiteness which charges that the defendant “did then and there make an attempt *614to steal” certain property, and does not allege some overt act which the defendant did toward the commission of such attempt. The section referred to provides that “If any person shall attempt to' commit a crime and in-such attempt shall do any act toward the commission of such crime,” etc. (Italics ours.) The conjunction “and” makes the doing of the act an essential and requisite part of the crime. An attempt to commit a…
2Cases cited16 opinions
- State v. WilsonSupreme Court of Connecticut · 1862
- People v. MurrayCalifornia Supreme Court · 1859
- Groves v. StateSupreme Court of Georgia · 1902
- State v. DoranSupreme Judicial Court of Maine · 1904
- Griffin v. StateSupreme Court of Georgia · 1858
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Commonwealth v. BurnsMassachusetts Appeals Court · 1979
- Hammond v. StateCourt of Appeals of Georgia · 1933
- Foster v. StateCourt of Appeals of Georgia · 1927
- Orr v. StateCourt of Appeals of Georgia · 1940
- Ligon v. StateCourt of Appeals of Georgia · 1920
4 more not listed; retrieve them via the Exa API.